Legal Question in Disability Law in California

Thanks in advance for any advice. My mom is disabled and lives in a house with a HOA. Her neighbor parks in his driveway but blocks the sidewalk completely with his car. She has asked him to park further up on his driveway so she can walk on the sidewalk but he refuses to comply. The police came out and told him he is not allowed to block the sidewalk so he moved that night only. The next day he blocked again. The police told us that they came out as a courtesy only, that since our streets are private, they can't enforce the CA vehicle code which makes blocking sidewalk illegal so they can't help us. They told us to contact the HOA since it is a CC&R violation. Initially the property manager told us that the board agreed it was a violation and would take all legal steps to stop the neighbor. However, months later still no action and now we get a letter stating that the board has decided they aren't going to do anything because the "overhang is insignificant" and since the streets and sidewalk are private enforcement is at their discretion. I have been sending numerous photos these past several months showing he completely blocks the sidewalk forcing her, other handicapped people with canes, walkers, and wheelchairs, people with strollers, etc. to go out into the street which is dangerous, so it is not just an "insignificant overhang". What can we do next? The sidewalks are common property for residents of the association and I want to make sure that she and other residents can walk on the sidewalk they all pay for with their HOA dues. Thanks again for any advice.

Asked on 4/13/10, 7:13 pm

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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It is a violation of Civil Code Section 51 for the HOA to do nothing. Sue the neighbor and the HOA in small claims court.

Answered on 4/18/10, 7:21 pm

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